The main legal point established is the relevance of previous judgments related to adjacent lands acquired for the same purpose in determining the compensation for the acquired property.

JUDGMENT/ORDER

1. These appeals are filed under Sec. 54 of the Land Acquisition Act, 1894 (for short, 'the LA Act') challenging the order dtd. 26/2/2011 passed by the II Additional City Civil and Sessions Judge, Bangalore in Land Acquisition Case Nos.307-312/1999, whereby the compensation has been enhanced from Rs.3.30, 000 to Rs.6, 00, 000.00 per acre.

2. For the sake of convenience, the parties are referred to as per their rankings before the trial court.

3. The brief facts of the case are that the claimants are the owners of the property in dispute. The said property has been acquired by the Bangalore Development Authority (for short, 'the BDA') for formation of ring road by issuing a preliminary notification on 4/11/1992 which is gazetted on 17/6/1993 followed by final notification dtd. 20/5/1997 which is gazetted on 23/5/1997. The BDA has taken the possession of the said property on 19/11/1997. The Land Acquisition officer has passed an award fixing the compensation at Rs.3, 30, 000.00per acre. Being aggrieved by the same, the claimants have filed applications under Sec. 18 of the LA Act before the Reference Court seeking enhancement of the compensation which applications were numbered as LAC Nos.307 to 312 of 1999. After considering the oral and documentary evidence of the parties, the Reference Court has enhanced the compensation amount from Rs.3, 30, 000.00 to Rs.6, 00, 000.00 per acre. Being aggrieved by the same, the claimants have filed these appeals seeking further enhancement of compensation.

4. Sri A.Anil Kumar Shetty, the learned counsel appearing for the appellants has raised the following contentions: Firstly, in the very same notification an adjacent land has been acquired in Sy.No.37/2 of Chinnappanahalli Village, K.R.Puram Hobli, Bangalore for the very same purpose. In that case, i.e., in LAC No.43/1999, the Reference Court, by order dtd. 16/1/2001 has enhanced the compensation to Rs.100.00 per sq. ft. Being aggrieved by the order dtd. 16/1/2001, the BDA has filed an appeal before this Court in MFA No.2020/2001 wherein the judgment and award passed by the reference court has been confirmed and the same has been brought to the notice of the trial court. Even though the same has been noted in the judgment since the certified copy of the order of the High Court has not been produced, the trial court has not considered the same and enhanced the compensation to Rs.6, 00, 000.00 per acre thereby erred in not considering the same. Secondly, the trial court has failed to consider its own judgment in LAC No.364/2004 of Sy.No.27 of the same village, acquired under the same notification for the same purpose which is adjacent to the property in question. In support of his case he has relied on the judgment of the Hon'ble Supreme Court in UNION OF INDIA VS. BALRAM reported in (2010) 5 SCC 747. Hence, he sought for allowing the appeal.

5. None appeared for the respondent. Even on the last occasion also there was no representation on behalf of the respondent.

6. Heard the learned counsel appearing for the appellants and perused the appeal papers and the impugned order.

7. It is not in dispute that the appellant in MFA No.6500/2021 was the owner of a site measuring 3, 300 sq.ft, appellant in MFA No.6501/2021 was the owner of a site measuring 1, 650 sq.ft, appellant in MFA No.6502/2021 was the owner of a site measuring 7, 897 sq.ft, appellant in MFA No.6503/2021 was the owner of a site measuring 1, 100 sq.ft, appellant in MFA No.6505/2021 was the owner of a site measuring 1, 200 sq.ft and the appellant in MFA No.6505/2021 was the owner of a site measuring 1, 200 sq.ft. These properties situated in Sy.No.25/2, Chinnappanahalli Village, K.R.Puram Hobli, Bangalore. The said lands have been acquired by the BDA for the formation of the ring road by issuing preliminary notification dtd. 4/1/1992, the same is published in the gazette on 17/6/1993 and the final notification was issued on 20/5/1997 and the same was published in the g